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1 ORDINANCE NO. 18,904
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3 AN ORDINANCE
TO AMEND
CHAPTER
20 OF CITY OF
4 LITTLE ROCK,
ARKANSAS
REVISED
CODE (1988)
5 CONCERNING NUISANCES; AND FOR OTHER PURPOSES.
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7 WHEREAS, the Housing and Neighborhood Department staff has met with a
8 committee to review the problem of repeat offenders of the nuisance code provisions,
9 and
10 WHEREAS, the Housing and Neighborhood Department staff and committee
11 members have developed the following set of amendments to the revised code which
12 are recommended for adoption by the Little Rock Board of Directors, in order to
13 strengthen and clarify the nuisance standards within the City, and
14 WHEREAS, such amendments are appropriate and necessary for the health
15 safety and welfare of citizens.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
17 OF THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. The existing section 20 -2 of Little Rock, Arkansas Revised Code
19 (1988) is hereby deleted in its entirety and the following language shall be substituted
20 therefor:
21 Sec. 20 -2. Prohibited generally; abatement.
22 (a) It shall be unlawful for any person having supervision or control of any
23 lot, tract, parcel of land or portion thereof, within the corporate limits of the city
24 to suffer or permit any of the following:
25 (1) Grass, weeds, or any other plant that is not cultivated, to grow to a height
26 greater than ten (10) inches on an individual lot, tract, parcel, or to grow in rank
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Crdtamce
To Amend Chapter 20 of CLR Rev. Code (1988)
Concemmg Nuisances
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1 profusion upon the premises or in, along upon, or across the abutting sidewalk,
2 parkway or alley.
3 (2) Solid or liquid household, yard, commercial, industrial, construction or
4 demolition waste, including but not limited to rubbish, trash, brush and litter,
5 whether dumped, spilled, burned or abandoned; dead trees; building materials;
6 openly stored appliances or furniture; stagnant pools of water or vessels in which
7 water might accumulate where mosquitoes or other insects may breed; or any
8 other objectionable, unsightly, unsanitary or unsafe matter of whatever nature to
9 be present upon any lot or parcel of land, including in or along a stream or
10 drainage way, and any adjacent right -of -way or alley, with the following
11 exceptions:
12 a. Building materials may only be stored openly on the premises if they
13 are covered and not deteriorated so as to be unusable for their ordinary purpose;
14 stored at least eighteen (18) inches off the ground; and are so stored in
15 conjunction with an active building permit, a project on said premises not
16 requiring a building permit, or a business enterprise that operates under a
17 current, exhibited privilege license.
18 b. No liquid or solid shall be placed in or along any stream or drainage
19 way and no otherwise illegal dumping of any waste, furniture, appliances, or
20 building materials shall be allowed on any parcel of land, including all adjacent
21 rights -of -way and alleys, unless required permits have been obtained.
22 c. Open storage of appliances or furniture shall only be permitted where
23 such storage is in connection with an appliance sales or service business that is
24 operated under a current and exhibited privilege license and located on a
25 properly zoned parcel and if all doors, latches and locks are removed or made
26 inoperable in a manner to ensure the safety of all citizens.
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Ordinance
To Amend Chi pter 20 d CLR Rev. Code (1988)
Cwcem ft Nuisances
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1 (3) The open storage of an abandoned automobile unless such storage is in
2 connection with an automotive sales or repair business enterprise which operates
3 under a duly licensed and exhibited privilege license and located on a properly
4 zoned parcel. In this subsection "abandoned automobile' means any motor
5 vehicle or part thereof that is in a state of disrepair or incapable of being moved
6 under its own power.
7 (4) Trees, shrubs, bushes or any other plant or object impeding the flow of a
8 public right -of -way or pedestrian traffic on any sidewalk, or in any other manner
9 causing an unauthorized obstruction of the public enjoyment of a sidewalk or
10 public right -of -way.
11 (5) Any act or condition constituting a nuisance under A.C.A. or common
12 law.
13 (b) The occupant or owner of each residential dwelling or business shall provide
14 an approved container with tight- fitting cover for the holding and storage of
15 garbage. The container shall be placed at a point on the premises where the
16 garbage collector can conveniently have access to same. Approved garbage
17 containers shall have handles suitable as aids for lifting the container.
18 (c) Whenever a city employee designated by the city manager or his duly
19 authorized agent or representative determines that there are reasonable grounds
20 to believe that there has been a violation of any provision of this section, he shall
21 give notice of such alleged violation to the person responsible therefor, that such
22 alleged violation shall constitute a nuisance. Such notice shall:
23 (1) Be in writing.
24 (2) Include a statement of the reasons why it is being issued, and the section
25 of the code that is alleged to be in violation.
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ordinance
To Amend Chapter 20 of CLR Rev. Code (1988)
Concerning Nuisances
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1 (3) Allow no more than ten (10) days for performance of any act the notice
2 requires to be completed.
3 (4) State that if the alleged violation is not corrected within the time set forth
4 in the notice, the city employee designated by the city manager or his duly
5 authorized agent or representative shall institute legal proceedings, charging the
6 person with a violation of this section.
7 (5) State that no further notice, warning or grace period will be given for any
8 repeat alleged violation of the same subsection of this section 20 -2 within the
9 remainder of the same calendar year.
10 (d) With the exception noted in subsection (3) below, the person responsible for
11 the violation shall be notified by one (1) or more of the following methods:
12 (1) By delivery to the owner, agent or responsible party, personally.
13 (2) By leaving the notice at the usual place, abode or business of the owner,
14 agent or responsible party, with a person of suitable age and discretion.
15 (3) By depositing the notice in the United States mail, addressed to the owner,
16 agent or responsible party, at his last known address by certified mail, postage
17 prepaid thereon.
18 (4) By posting and keeping posted for a period of not less than twenty-four
19 (24) hours, a copy of the notice in a conspicuous place on the premises alleged to
20 be in violation.
21 (5) By depositing the notice in the United States mail, addressed to the owner,
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agent or responsible party, at his last known address by regular mail with a
notarized affidavit stating date mailed, postage prepaid thereon. This form of
notice shall only be used in conjunction with one (1) or more other forms of
notice permitted by this subsection 20 -2(d).
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Ordmanee
To Amend Chapter 20 of CLR Rev. Code (1%5)
Concerning Nuisances
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1 (e) No further notice; warning, or grace period is required to be given for any
2 alleged repeat violation of the same subsection of this section 20 -2 within the
3 remainder of the same calendar year.
4 (f) Violation of the provisions of this section may be prosecuted by the
5 issuance of a criminal information or by the issuance of a citation by a law
6 enforcement officer.
7 Section 2. The existing Section 20 -3 of Little Rock, Arkansas Revised Code
8 (1988) is hereby deleted in its entirety and the following language shall be substituted
9 therefor:
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Sec. 20 -3. Trash, weeds, etc.
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(a) The head of the city
department
designated
by the city manager may
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order the owner of any real property within the city to cut weeds, remove
garbage, rubbish and other unsightly and unsanitary articles and things that may
be upon the property; and to eliminate, fill up or remove stagnant pools of water
or any unsanitary thing, place or condition which becomes a breeding place for
mosquitoes, flies or germs harmful to the health of the community. The order
shall be in writing and shall be issued to the owner of the real property involved.
If the owner of any real property is unknown or his whereabouts is not known or
he is a non - resident of this state, then a copy of the written notice shall be posted
upon the premises in some prominent place.
21 (b) If the owner of any real property within the city neglects or refuses to
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remove, abate or eliminate any such condition as provided for in subsection (a)
of this section after having been given a minimum of seven (7) days' notice in
writing to do so, the city department designated by the city manager may do
whatever may be necessary to correct the condition and charge the cost thereof to
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Ordinance
To Amend Chapter 20 of CLR Rev. Cod. (1W)
Concerning Nuisances
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1 the owner of the real property. The city shall have a lien against such property
2 for the cost.
3 (c) The lien may be enforced and collected in either of the following manners:
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(1) Within eighteen (18) months after work has been done, by an action in the
Circuit Court.
(2) The amount of the lien may be determined at a hearing before the board of
directors held after thirty (30) days' written notice by certified mail to the owner
or owners of the property, if the name and whereabouts of the owner or owners
is known. If the name of the owner or owners cannot be determined, then the
hearing before the board of directors may be held after publication of notice of
such hearing in a newspaper having a bona fide circulation in the county, for one
(1) insertion per week for four (4) consecutive weeks. The amounts due the city
as determined at the hearing, including all costs incurred by the city relevant to
the nuisance, plus ten (10) percent penalty for collection, shall be that certified by
the board of directors to the county tax collector, and by him placed on the tax
books as a penalty to be collected in the manner and with the priority of
delinquent taxes, and the amount, less three (3) percent thereof, when so
collected, shall be paid to the city.
Section 3. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance, which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
ordinance.
Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters
inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
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Ordinatee
To Amend Chapter 20 of CLR Rev. Code (1988)
Conreming Nuteanom
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PASSED: July 15, 2003
ATTEST:
Na cy Woo , City Clerk
APPROVED AS TO LEGAL FORM:
'4'k °'L' M, C u� '
Thomas M. Carpenter, MY Attorney
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APPROVED:
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Willie Hinton, Vice Mayor
Ordinanre
To Amend Chapter 20 of CLR Rev. Code (1%8)
Conceming Nuisances